The URL can be used to link to this page

Home My WebLink About46000990959000_Variances_01-09-2020Variances 2 Barcode 128 S 1 2 2 3 3 5 T>;:4085527 .Date Stamp 1232354 received DEC 1 7 2019 land & RESOURCE CAROL SCHMALTZ OTTER TAIL COUNTY RECORDER/RE8ISTRAR OF TITLES FERGUS FALLS, MN RECORDED OH 01/15/2020 03s43 PM ' "/FEE: 46.00 PAGES 4WELL CERTIFICATE REC'D: H/TL&R Initial THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER. APPLICATION FOR VARIANCE COUNTY OF OTTER TAIL Government Services Center, 540 W Fir Ave, Fergus Falls MN 56537 218-998-8095 www.ottertailcountvinn.us ti 500,00Application Fee Receipt Number ^ ^ Accepted by Pate • -.r 'Jv Lw\ K S^ULS^yl A^aaA.co^ 7Z-7 Melo tlu UKi Its iWn/ 3 ~7 45431 Lamplight Drive of'\S^aYl4Ji 4 Name Pam Scheer Address City Ottertail State.'.MN. Zip 56571 Daytime Rhone 218.770.0428 Email goodlife@arvig.net Lake NameLake No 56-209 Buchanan Lake Lake Class gd Parcel Nurtfiber(s)46000990959000 __\46000991150000.46000991148000 \{\\i^nS6n)Parcel Number(s) SectionTownship Name otter Tail Township Legai Description Lot 10, Block 1 South Oaks, Lot 2, Block 1 and Lot 2, Block 2 of Lamplight View ±iy&--^u^o -Physical Address 45431 Lamplight Drive, Ottertail, MN 56571 ^raOI^RIANiEfejRmi^PlPl^seC F,-' Structure Setback [ZJ[I 1 SubdivisionSewage system :Structure Size Miscellaneous ZJWECSCluster 1 SPECIFY HOW YOUR PROJa VARIES FROM ORDINANCE REQUIREMENTS. CITE THE RELEVANT SEaiON(S) AND OTTER TAIL COUNTY ORDINANCE(S) FROM WHICH THE VARIANCE REQUEST IS FOR. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. ^ v ,. ^ OTTER TAIL COUNTY ORDINANCE: Permanent Attachment and simole subdivision of land les§ tnan!5 aicry IV. General Reauirements 10. Subdivision ProvisionsSECTION OF ORDINANCE: VARIANCE REQUEST: Plat of Lamplight View is a 2017 Plat. This application contains 2 requests. .—^ 1st - Riparian (non-buildabjoLLot 2, Block 1 Lamplight View to be permanently attached to existing riparian Lot 10, Block 1 South OaksCSP S-^e beV)ur- —~ »2nd - Minor subdivision by variance of Lot 2, Block 2 Lamplight View .^ be spiit into 2 lots for single family ^ residential use. A surveyor's map accompanies this application which shows the proposed split and attachment. I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT ORDINANCES/SUBDIVISION CONTROLS ORDINANCE/SANFTATION CODE/SETBACK ORDINANCE AND/OR WECS ORDINANCE OF OTTER TAIL COUNTY. I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED. IT IS MY RESPONSIBILITY TO CONTACT LAND & RESOURCE MANAGEMENT REGARDING THIS MATTER. SIGNATURE OF PROPERTY OWNER/AGENT FOR OWNER DATE APPLICANT MUST BE PRESENT AT THE HEARING (Applicant will Receive Notification of the Date/nme of Hearing) OFFICE USE ONLY Date of Board of Adjustment Hearing ^.V)U>Time t/’.qo,pnn - ®TUe pk-f (?-P Cl H^clcX^ (/\T "K) K I 5b(JV^ Lon & Susan Hanson and Pam Scheer - Variance Application Approved with Conditions (6:27 p.m.) After consideration and discussion, Darren Newville made a motion, seconded by Michael Donoho and unanimously carried to approve the variance request as described in the variance application and as depicted on the drawing(s) submitted with the variance application to permanently attach Lot 2 Blk 1 Lamplight View (riparian non-buildable lot) to Lot 10 BUc 1 South Oaks (riparian lot) and subdivide Lot 2 Blk 2 Lamplight View into 2 single family residential lots with the conditions that the property transfer is completed and there is room for 2 onsite septic systems on proposed Parcel B. The documentation for the 2 onsite septic systems needs to be submitted to Land & Resource Management prior to the land transfer. This decision is also based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s finding have been attached to and incorporated as an official part of the minutes which have been placed on file with the Land & Resource Management Department. The variance as approved does not directly or indirectly grant any other variances for future development. * *diairman/Otter Tail County Board of Adjustment Permit(s) required from Land & Resource Management yYesNo Note: If Yes, contact Land & Resource Management IhmHbuiLI!Copy of Application mailed/emailed to Applicant, County Assessor and MN DNR L&R Official/Date cl 01122019-001 2 Chris LeClair DirectorOTTER TAIL COUNTY LAND & RESOURCE MANAGEMENT PUBLIC WORKS DIVISION WWW.CO.OTTER-TAIL.MN.US Kyle Westergard Asst. DirectorOTTCRTimvovafr-BiaeafOTa GOVERNMENT SERViCES CENTER 540 WEST FiR AVENUE FERGUS FALLS, MN 56537 218-998-8095 FAX: 218-998-8112 Board of Adjustment Findings of Fact and Decision Appiicant:Lon & Susan Hanson - Proposed Buyer/Owner: Pam Scheer Address/Parcel No. 45431 Lamplight Dr. /46000990959000,46000991148000 & 46000991150000 Requested Variance: Plat of Lamplight View is a 2017 Plat. This application contains 2 requests._____ 1^ - Riparian (non-buildable) Lot 2 Block 1 Lamplight View to be permanently attached to existing riparian Lot 10 Block 1 South Oaks *The Plat of Lamplight Vievtf required permanent attachment of Lot 2 BIk 1 to Lot 2 BIk 2, request to reassign the permanent attachment to Lot 10 Bk 1 South Oaks. 2"*' - Minor subdivision by variance of Lot 2 Block 2 Lamplight View to be split into 2 lots for single family residential use. A surveyor's map accompanies this application which shows the proposed split and attachment. Otter Tail County Ordinance: X Shoreland Mgmt. Sanitation. Subdivision. WECS Dock & Riparian Use Setback Ord. Ordinance Section Citation: IV. General Requirements 10. Subdivision A variance may be granted only where the strict enforcement of county land use controls will result In a "practical difficulty". A determination that a practical difficulty exists is based upon consideration of the following criteria: The applicant identified the following practical difficulty: Wants to protect Lot 2 BIk 1 of Lamplight View and Attach to Lot 10 BIk 1 of South Oaks Otter Tail County Board of Adjustment-Variance Question Findings 1. Is the variance in harmony with the general purposes and intent of the official control? (The board shall consider the purposes and intent of the official control). X Yes, the variance is in harmony with the general purposes and intent of the official control... No, the variance is NOT in harmony with the general purposes and intent of the official control... ...because: The attachment of Lot 2 BIk 1 of Lamplight View to Lot 10 BIk 1 of South Oaks Is protecting the unbuildable access lot which increases the water frontage of Lot 10 BIk 1 of South Oaks. The proposed split of Lot 2 BIk 2 Lamplight creates 2 standard size lots. 2. Is the property owner proposing to use the property in a reasonable manner not permitted by the official control? (The board shall consider what reasonabie use of the property is lost (practical difficulties) by the strict enforcement of the official control). X Yes, the property owner is proposing to use the property in a reasonable manner... No, the property owner is NOT proposing to use the property in a reasonable manner... ...because: The ordinance allows for permanently attaching lots and creating standard size lots which are permitted uses. 3. Is the need for a variance due to the circumstances unique to the property not created by the landowner? (The board shall consider what circumstances are unique to the property, such as lot size, lot configuration, wetland, steep slope, shore impact zone, bluff, floodplain, fioodway, etc. One or more shouid be stated on the record. What differentiates this parceifrom others? Does this lot have a feature that does not affect all parcels similarly?) X Yes, the need for the variance is due to circumstances unique to the property not created by the landowner.... No, the need for the variance is NOT due to circumstances unique to the property not created by the landowner... ...because: Yes, the property was platted prior to this and would like to create 2 standard size lots and permanently attach a riparian non-bulldable lot to her lot (adjacent). 4. Will the issuance of the variance maintain the essential character of the locality? (The board shall consider and state for the record why the request does or does not maintain the character of the area. Is this request similar to what others have, what are nearshore conditions of neighbors, similar sized or number of structures adjacent or in area, etc.) X Yes, the issuance of the variance wiil maintain the essential character of the locality.... No, the issuance of the variance will NOT maintain the essential character of the locality... ...because: It's an existing plat, they want to change attachments and create 2 non-riparian lots out of 1 non-riparian lot. 5. Does the need for the variance involve more than just economic considerations? (The board shall consider if economics played a role in the request. The fact that coming into compliance with the ordinance requirements may cost considerably more does not constitute a practical difficulty). X Yes, the need for the variance involves more than just economic considerations.... No, the issuance of the variance is only for economic considerations... ...because: The proposed lots will all be legal lots when the recording is done. This will also benefit the lake itself with the riparian non- bulldable lot being attached to the adjacent riparian lot which now will not allow access from the back lot which it was previously attached to. The Otter Tail County Board of Adjustment: APPROVES__X the requested variance.DENIES Complete and attach After-the-Fact Addendum if this is an After-The-Fact variance request DATED:January 9. 2020 Board of Adjustment Chair The Board of Adjustment may impose conditions in the granting of variances. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance. (Mitigating impervious surface with storm water management, deep rooted vegetative buffers, rain gardens, etc.) It is the Board of Adjustment's job to apply appropriate legai standards to a specific fact situation. Variances are meant to be an infrequent remedy where an ordinance imposes a unique and substantial burden. LAND & RESOURCE MANAGEMENT OTTER TAIL Government Services Center 540 West Fir Avenue Fergus Falls, MN 56537COUNTY - MINNESOTA Notice of Hearing for Variance Applicant and/or applicant's representative must be present at the scheduled hearing. To Whom it May Concern: Owner: Lon K & Susan Hanson 727 Melody Lane Fergus Falls MN 56537 Has/have rhade application to the Otter Tail County Board of Adjustment for a variance as per requirements of the Otter Tail County Shoreland Management Ordinance, the Otter Tail County Set Back Ordinance, the Subdivision Controls Ordinance of Otter Tail County, Otter Tail County Sanitation Code and/or the Wind Energy Conversion System Ordinance of Otter Tail County. The Otter Tail County Board of Adjustment will assemble for this hearing on Owner/Purchaser: Pam Scheer 45431 Lamplight Dr. Ottertail MN 56571 •V Thursday, January 9,2020 at 6:00 p.m. in the Commissioner's Room of the Otter Tail County Government Services Center, Fergus Palis, MN. (Please use the public entrance located on the northeasterly side of the Government Services Center. The second left off Fir Ave.) Individuals requiring special accommodations should contact the Otter tail County Land & Resource Management office prior to the date of the public hearing. Written correspondence wili be received up until 12:00 p.m./noon the day prior to the public hearing date. ** Weather conditions may change the Hearing date and time, if bad weather occurs, piease listen to the iocai Fergus Faiis Radio Stations or contact the Land & Resource Management Office by 4:30 p.m. for possibie rescheduiing of the Hearing. The property concerned in the application is legaliy described and located at: Parcel No. - 46000990959000,46000991148000 & 46000991150000 Lot 10 BIk 1 - South Oaks Lot 2 BIk 1 & Lot 2 BIk 2 - Lamplight View Section 1, Township 134, Range 39 Township Name - Otter Tail Buchanan (56-209), General Development (GD) 45431 Lamplight Dr., Ottertail MN 56571 Legal Description: Lake Name/Number/Class: Property Address: The variance requested is the following: Plat of Lamplight View is a 2017 Plat. This application contains 2 requests, r* - Riparian (non-buildable) Lot 2 Block 1 Lamplight View to be permanently attached to existing riparian Lot 10 Block 1 South Oaks *The Plat of Lamplight View required permanent attachment of Lot 2 BIk 1 to Lot 2 BIk 2, request to reassign the permanent attachment to Lot 10 Bk 1 South Oaks. 2"'’ - Minor subdivision by variance of Lot 2 Block 2 Lamplight View to be split into 2 lots for single family residential use. A surveyor's map accompanies this application which shows the proposed split and attachment. Amy Busko Board of Adjustment Secretary December 24, 2019 (^) ottertailcountymn.usOTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER218-998-8095 PROPOSED SPOT AND AnACHMEMT N- O^LOCK TWO ^ __ w4 ^■..-i- /LAMPUQHT VIEW SS'* //LOT 7eUHVETABLB /oi k11 I o*^mM «i MI&11 BEtUiO® ^j,^&RESOUBCE /ttMmW CHI iMmiia /oilo*/oil I«LOT e /01 #>h<i‘iwr VKOffTYMAPiff/i IttkorJ?;* * ,ON O m ,msr.m m$m -•-Mr 1^•SOi MMi ___OWiO OMI ote iMor.it —rLit aSA.27A inf Itt* J47NI •Zk"- «**«4*4****«*VIMP 4444444444444*^ AV4 44444*4444444*Euruv a 5/1 «rS?ItvOal I orA5/f seiM. J»/r41^4 rmrALL LOTSajsr.N.A)-a ur\. leroowwiw .............- -.............. ./*4444444*444444 * 4 4 4 * /yy* 444444444444*44 4 4 4 4 4 //'444*4*44**444**4444**4 •" fe tI>Xkot ? X*I*X'!*X*X, *444444***4*4 4 4-f444*444444444 ,1 **.*4;**4y^ 44444444 4 4 4 4LOT 2*4’4*4***^^^*4*4> "i ♦ 4 * 4 * 4 • 4 4 • 4 * ..Sir w*.*.■■-rysgesiy^,.■■■ s?-f/nui •MINtl /IBBEHD OoeU ((-rm/4 RunisS>I I iwbr eeOr tw o» wm e* Qft IlflO-iwwiy IILmO 'oPO fsj y lOTH ir!?"-'-i ESaKS"--'::.."- to[*'^1!/Illplf®\9»^\V COo'/LOT 10 \5^.\_ torttoid toto «0to «• Oto < r.Onr'MtaiO.r-r «ri pi^Oftom «r loto • tort toria■ecktoionHOMiOdnasDfni iM ttoiton L optol itoi fii toto of ranO to itol\itoOtacroto4.-^: \^5^C MmeB ■ IMtM flto Ua to ttoraon toto toan C H ■d pepetodeieel of OeerewHeie a ed 1 «d d» tnirimoiwHtoi niitoTio iUito|ih«^OMdi 17.*1.ana\SL3.lonto H mcdOtoLOT II \/\ItontoO IM Nortv itotoi M\NV. \QMto MBtoOBp • tfto moo pNi «m0 eOto *toito me «# en ifliix 1 *«» e# 6M0 «w feto«reioe*midwe»ieieefbeg™oito^d"W toOontoMH—lBOioiawiiiito^WtooifiOMqf tMit torsi tss,te»maiat alai\itfaoptoMtoOto fttoioaimi OW& toi • n wdidwoawtolrf ■eonOiltoli tia coaaato*vtotoitotoMeraur or 19741 III/s a •rfaMlo \44tti Itol/ tor w «e dMn cfuaB Mtoi M ■nii—ifa aidMwe"/a uNortiUO\ifetoormiTNOMa)OMMl «M MtotoM ■ tooNa«mtoiinM«rinjatoit ■JiSalVV. LOT 12 to«MtoOll^OMPjOA<P/am iSiMn 'mVMealimata •nOiMM^eft eninatootfia«ai__leroMUi tor «i arc ttf dram.a««>niSI<*N \7 »to ttw pMe tor tototo II tod Mttd • Utoajaxnaw end a iwbr I-lOTdtoptot»toai / ^P-O* S ITtoieeo L Otoe eto I itoOMtoi nr.•V. VC,-oo drW'i -A^y/LtiAtoJ ^ JCkuJi^/-S5l25:S^~- «4M’oe=t I tom 4# Mewtoto 0 Itoowd < /itoOM<//RMia eouNrraeniRTNLibriitoeptoi■total .dto«7 WO.ltoM—to*fc.ttto J^*^ta»rf?ia^U<IllamTtaTto«MMLtaltoHdfNlllllllJSl!totatatfiMtoi w^m,.iMororii liyTcx \l ^1-2020HMvrPWMEtfltMV OaJNfVOTOrTaTAIL Mriin.aiumnM(il.i^4r4^llUli!tAm'-l HMwaffVHWtoiddDiitotartodiita^TEroti?"to ta untosd Hd ptattoO to itotfniNm<ondto tai iCI •tollMBanrmEori Mpen 1£)U>•to dtoofI thtoo ptotonb to ta Mod a toi (on to ftoantv Mtoi eOOw Itoitoi to*to*etan___5ii#eiaa^ioi7.iMdiumci iuitoiTiia< loitol iCNnn I Utow Tiw d#d Otototato a, «toi7,asM total OsrW.liwitor'~‘^“eouNiraoniRTM. 1 tftotar or Sui«2(24»n ta ton to itoM taditalto>toMMBnwdtotoiJitaM5itowiltonntliltaMTHto.dtada■toiitototopaa iCitaWtoSoloIIwifraiOTMMeorA couNTT 01 ona Tito tndiunto 17. ana.otonnrtoMtoMi.rtanrW.titadbo'ftaaj^\\i\a V :±iLDtO“to-Mr< i—iiiidtodBtoBidilMNitototodtowtotatitttoptotto tai dl tatotatotoN tali tod totato we eenieta dtapitaiE todt to itotoMtal 0 TMtaM land toMW. tatobr ctoto^O iMtoUSMT Mto toto dtoita i • tatoct letoetontotan or «M ptoodtaaiiMMitoOiitorUtatoiOiMtataietawitoBM WBiflttoditotawtotoofdtodtoiadiiuMItoWwedwewi I taw ftotoawd tfto fdtt tollOMawtf Otar TM canto wtoOMton to itowitt* itowtad laid lawier ItaMoNaSoru 111 r« 3 I- \.^x^ •Mrto ItaOto we dtom ato MmM at M ptoo tad a adta ewto ae dtoWB wto MW on Oto ptob I I • to ta to wniltaB «Mi dw wtatotog toatoeaata adn tobtaWta enWi I wiy a dw aeaeto to dw abSddtaitodtoftoittaiiweitoinaatato odwrdwnitaMbpi atta tan to Mwwta. deltay- / 7 ___iCNatatvOwrar W.4M*. iLltovtoOM9»/y7 Itol9*-/•! 7 iptatototonwtadiIhwebrtaWMl' oNdwHO a dta tai I ia< , tad I tawdiif IfetItamdVN.fncnai eBUNTTOTonatNi , 0 MM PwWto Oto ^I3ta a.r.brtoatoi No. am^^compass conuiltantt IncnahaiL w» TiO'gdfr^f^ • j.itaew M>niimiiaii»irN*to ~b7?frrtj i 7^*^^V, OTTER TAIL COUNTY LAND & RESOURCE MANAGEMENT PUBLIC WORKS DIVISION ottertailcountvmn.us GOVERNMENT SERVICES CENTER 540 WEST FIR AVENUE FERGUS FALLS, MN 56537 218-998-8095 FAX: 218-998-8112 WAIVER OF 60-DAY RULE THIS WAIVER MUST BE FILED AND SUBMITTED WITH TO THE OFFICE OF LAND & RESOURCE MANAGEMENT, ALONG WITH APPLICATIONS TO BE CONSIDERED BY THE PLANNING COMMISSION AND / OR BOARD OF ADJUSTMENT, BETWEEN OCTOBER & MARCH 31^^ I understand that, due to snow cover, the Planning Commission Members and/or the Board of Adjustment Members may not be able to view my propertv/Droiect (Tax Parcel #), described Application(s) datedon my Since this is the case, it may not be possible for Otter Tail County to meet the legal requirement to take action within 60 days of receipt of my completed Appllcation(s). Check One: I—I I agree to waive the 60-Day Rule in order to allow time for the Planning Commission Members and/or Board of Adjustment Members to view my property before taking action on my Application(s). JTP}^I do not agree to waive the 60-Day Rule, and I understand that in the absence of waiving the 60-Day Rule, the County may have no alternative but to deny my Application(s). /^// 7//9 DATED PROPERTY OWNER LR: Forms: Waiver 60 Day Rule 02-21-2017 1200453 CAROL SCHMALTZ OTTER TAIL COUNTY RECORDER FERGUS FALLS, MN RECORDED ON 12/14/2017 11:10 AM RECEIVED OEC 1 7 20I9 lands, RESOURCE CO^ a FEE: 46.00 PAGES 1 WELL CERTIFICATE REC'D: Njoo % WARRANTY DEEDlodlvldiiEHw) to Indlvl.dUAl'^^ Mo deltjujuenL ceuces'^o^ Certificate^^ of . )^£tle transfer Realentered; Estate Value ( ) not requiredCertificate of Real Bstate^value No.^/30 , * County Auditor'-^ >rMui>'iAoot>vtu**20oo ^ < L^' by. iSj Deputy_______ state deed tax due HEREON:#■' CRV #:_2LSL3_L2.0 2017Date: ____________FOR VAIjUABIjE consideration, Tei^anoe I.. Davis and Kathleen B. Davis, husband and wife. Grantors, li^eby convey (s) and warrant (s) to Iion K. Hanson and Susan C. Hanson, ^^^stees of the Iion R. Hanson and Susan C. Hanson Joint Revocable lalv^n? Trust U/A/D the 17^ day Grantee(s), real property In Otter Tall County,% hot 2, Block 1, hanpll^ht View, accordlp$^ to the plat thereof on file and of record In the office of t^^ County Recorder of Otter Tall County , Minnesota^ This lot to pennanently attached to Lot 2/ Block 2, Lamplight View.kX together with all hereditaments^ and appurteii^ces belonging thereto, subject to the following exceptions: reservations and easonents of record,vlf^any. o of Deoenber, 2010, Minnesota, described as follows: restrictions, Grantors certify that the Grantors do not know of any wells on the described real property./COUNTY OF OnrTERTAIL STATE OF MINIJ^onv^ NUMBEI DATE “ Terrance X,. Davis Kathleen B. Davis )STATE OF MINNESOTA ) ss . COtJNTY OF : Instrument was acknowledged before me this . 2017, by Terrance I<. Davj The and Kathleen B.day of Davis, husband and wife, Gremtor(s). \ TIMOTHY J. PEDERSON ^ NOTARV PU8UC - MINMESOTA My Comm. Exp. Jan, 31, 2020 Notary Publl Tax SLatiementa To: Lon K. and Susan C. Hanson, Trustees 45512 LEunpliqhL Drive Ofcterteil, MM 56571 I hsrsby ooMify’mat' teuces for the wear for the lands described ' within are paid. THIS IMSTROMENT DRAFTED BY: Timothy i7. Pederson FBDERSOM & PEDBRSOM, P.A. Attorneys at Law24 Southwest Colfax P.O. Box 623 Wadena, MN 56482-0623 C(5untv Treasurer No delinquent taxes and transfer entered; Certificate of Real Estate Value ( ^ filed ( ) not required. Certificate of Real Estate Value No__ OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that this instnRnent#_ was flied/reoorded in thie office for record on the dayof g002ttl^2lS@^m Weh^ L Metqedff CounfoRecdider'~'^ —_______well certificate /VW\T icd^ f «* ■. ■901432■’ Ofear) Wayne Stein. County Auditor dyby Deputy PERSONAL REPRESENTATIVE’S DEED yOUNTY OF OTTER TAIt STATE OF MIWMESOTA^ DEED TAX A jSg^? 4* NUMBER ,-lSpk^lS if DATE’ STATE DEED TAX DUE HEREON; S 501.27 , 2002Date: April 5 FOR valuable CONSIDERATION, the Grantor, Charles E. Hanebuth, as Personal Representative of the Estate of Bernice C. Hanebuth, Decedent, single at die time of death* hereby conveys and wairants to the Grantees, Brira Scheer and Pam Scheer, as joint tenants and not as tenants in common, real property in-Qtter Tail County, Minnesota, described as follows: Lot Ten (10). Block One (1). South Oaks, according to the Plat thereof on file_wd of record in the office of the County Recorder in and for Otter Tail County, Minnesota.'^^CEIVED >7 20B '^NDSRESOORCfP.N.: 46-000-99-0959-000 Together with all hereditaments and appurtenances belonging thereto; subject to the following exceptions: Easements, restrictions, and reservations of record, if any. The Grantor(8) certify that die Grantor(s) does/do not know of any wells located on the described reil estate. A Well Disclosure C^ificate accompanies diis document. The Grantor(s) certify that the status and number of well(s) on the described real estate has not changed since the last previously filed Well Disclosure Certificate. Charles £. Hanebuth, as Personal Representative of the Estate of Bernice C. Hanebuth, Decedent STATE OF MINNESOTA ) ) SS. COUNTY OF BECKER ) The undersigned Notary Public does hereby certify that Charles E. Hanebuth, as ' Personal Representative of the Estate of Bernice C. Hanebnth, Decedmt, personally known to me to be die same person whose name is subscribed to the foregoing instrument, appeared before me diis day in person and acknowledged that he signed, sealed and delivered said instrument as his free and voluntary act, for die uses and purposes therein set forth. Given under my hand and notarial seal this 5lll_ day of April . 2002. i .JiARTHAA JONES T.. pWffPUBUS-MINNESCTA , ^ ^ MrCommWfloeeiw^to. 31, [otary Public My commission expires: 1/31/05m Mail tax statements to; Bria^cheer and Pam Scheer A Hi/iA- This document prepared by: Minnesota Tide & Closing Company 714 Lake Avenue, Suite 103 Detroit Lakes, MN S6S01 Telephone: (218) 847-1297 \ 7 ADDENDUM TO PURCHAS^ AGREEMENT: ^ COUNTEROFFER TNs form approved by the kAvmalaAs8oelaiion of REAUOR8F, wMchdadainnsenyBabilityaiisinooutalusearinlauseoMNstonn. e 8018 MnnesoiB AssocMon of REALTORS^, Edina, MN - ^l! > COLDUieU. ; BANKCR □ ';■! i * Dweanfcar 15th, 20181. Date . 2. Page 1 12 th 20183. Addwtdiim to Purchase Agreement between parties, dated 4. pertaining to toe puichiifiB and aato ot tha Pmperly at 4SS12 U^Ught Pt 5. Ottertail___________________________________________________S6571MR e. me CountBmttv does not Indude the terms or eonditlens In any pmvloua Counterof/erfa). 7. Tlte Purchase Agreonent Is rejected and the tolowing Counteroffer is hereby rrade. All terms and conditkms remain 8. the same, as Stated In the Purchase Agreement, eito^ the following: 8. (SetectapproiHlale changes from 10. El Purchase price (and corresponding FHA ESCAPE CLAUSE sale price, it applicable) shall be • $ 360^000^00 12. Q Earnest money Shan be a total of $ 13. □ Cashot_________, 14. Q Mortgage financing of 15. [S Clodng date shall be. 16. Q Selier agrees to complete all FHA/LenderremJirsd repairs, not to exceeds 17. Q Sdler shaO pay Buyers dostog costs, prepalds, insurance and________ 18. nottoSKceedS 19. □ OTHER:____ 11. percent (%) of the sale price, which includes the earnest money, percent (%) of the sale price. gehrow 28th. 2020 percent (%) of the sale price.or 20. 21. 22. 23. 24. 25. 26. (Date) ' (Bufei) 27. / (Mb)(SoltaO 28. <8aBe)(Dale)(tMe)(Burai) ATTACH ONLYTHE FINAL COUNTEROFFER ADDENDUM TO THE PURCHASE AGREEMENT.29. THIS IS A LEGALLY BINDINa CONTRACT BETWEEN BUYERfS) AND SELLER(S). IFYOU DESIRE LB3AL OR TAX ADVICE, CONSULT AN APPROPfUATE PROFESSIONAL. 30. 31. MN-ARLC(ert8) J,lii£ALYdil^ InstanehoRMS' I , ' ?3^'^qhase agreement '/yhiis form epsro^ by the Minnesota Assodatian of REALTORS®, wliich'disdaini^^ liability arising out of use or misifie of thte form, "jp.© 2019 Minnesota Associalion of REALTORS^, Edina, MN NEW H RliSOIjSR E fl I T t lath 2019■ .pcjpeniber1. Date ' 2. Page 1 3. BUYER (S): -?35-§^!®er 4. Buyer's earnest money in the amount of. Five Thousand_________________________________ 5. nnllarR($ 5,000.006. 7. shall be delivered to listing broker, or, if checked, to Q______ ---------------------—r----r-CEamest Money Holder)- 8. Days after Final Acceptance Date of this Purchase Agreement. Buyer and Seller agree that earnest money shall be 9. deposited in the trust account of Earnest Money Holder as specified above within three (3) Business pays of receipt 10. of the earnest money or Final Acceptance Date of this Purchase Agreement, whichever Is later. no iaterthan two (2) Business 11. Said earnest money is part payment for the purchase of the property located at -liaaiplight Prive______________________________12. Street Address: iESH 13. nityrrf Ottertail 14. State of Minnesota, Zip Code S657i otter Tall_, County of , legally described as Langlight View, Permanently attached. Set. 1, T. 134, R. 039. A6000991150000 S 46000991148000. l.ot 2 81k a and not 2 BXk 1 15. 16. Said purchase shall include all improvements, fixtures, and appurtenances on the property, if emy, Including but not 17. limited to, the fbllowing (collectively the “Property”): garden bulbs, plants, shrubs, trees, and lawn watering systems; 18. sheds; storm sashes, ^orm doors, screens, and awnings; window shades and blinds; traverses, curtain and drapery 19. rods, loanees, draperies, curtains, and window coverings and treatments; towel rods; attached lighting and bulbs; 20. fan fixtures; plumbing fixtures; garbage disposals; water softeners; water treatment systems; water heating systems; 21. heating sysfenris; air exchange systems; environmental remediation systems (e.g., radon, vapor intrusion); sump pumps; 22. TV antennas, cableTV jacks and wiring, and TV wall mounts; wail and ceiling-mounted speakers and mounts; carpeting; 23. attached mirrors; garage door openers and all controls; smoke detectors; doorbells; thermostats; fireplace screens, 24. doors, and heatilators; ANY OF THE FOLLOWING, IF BUILT-IN: dIshWEishers, refrigerators, wine and beverage 25: refrigerators, trash compactors, ovens, cook-top stoves, warming drawers, microwave ovens, hood fcms, shelving, 26. work benches, intercoms, speakers, air conditioning equipment, electronic air filters, humidifiers and dehumidifiers, 27. liquid fuel tanks and all controls, pool and spa equipmerrt, propane tanks and ail controls, security system equipment, . 28. TV^tellite dishes; the above-mentioned inclusions AND the fbllowing personal property shall be transferred with no 29. additional monetary value, and free and clear of all liens and encumbrances: 30. 31. Notwltnstandlng the foregoing, leased fixtures are not indudod. 32. Notwithstanding the foregoing, the following item(s) are excluded from the purchase: 33. PURCHASE PRICE:34. 000.0035. Seller has agreed to sell the Property to Buyer for the sum of ($12^ Muree Hundred Seventy Thousand____________________^______ 37. which Buyer agrees to pay in the following manner: percent (%) of the sale price in CASH, or more in Buyer's sole discretion, which includes the earnest Dollars,36. 10038. 1. 39.money; percent (%) of the sale price in MORTGAGE FINANCING. (See following Mortgage Financing section.) percent (%) of the^s^e price by ASSUMING Seiler’s current mortgage; (See attached Addendum to Purchase Agreement: Assump^n financing.) percent (%) of the sale price by CONTRACT FOR DEED. (See attached Addendum to Purdiase Agreement Contract for Deed Financing.) 40. 2. 3. .41. 42. 43. 4. 44. CLOSING DATE:45. 46. The date of closing shall be MN;PA-1 (8/19) 3rd 2020Pebroarv J>RE4LVdli^ PURCHASE AGREEMENT 47. Page 2 nate December Ottertail 12th 2019 48. Property located at 455X2 Lai^light Drive MN 56571 MORTGAGE FINANGtNG:49. 50. This Purchase Agreemerrt Q] IS 1^1 IS Nbt subject to the mortgage financing provisions below. If IS, complete the -----one.)-------------- 51. MORTGAGE RNANCiNG section below. If IS NOT, proceed to the SELLER'S CONTRIBUTIONS TO BUYER'S 52. COSTS section. 53. Such mortgage financing shall be: (Ched( one.) 54. n FIRST MORTGAGE only □ FIRST MORTGAGE AND SUBORDINATE FINANCING. 55. Rnancing Q DOES □ DOES NOT include a grant, bond program, or other loan assistance program. If “DOES,” 56. please specify:_____________________________________________________________ 57: Buyer shall apply for and secure, at Buyer's expense, a: (Check all Ihaf apply.) 58. □ CONVENTIONAL 59. □ DEPARTMENT OFVETERANS’AFFAIRS (“DVA") GUARANTEED 60. □ FEDERAL HOUSING ADMINISTRATION (“FHA”) INSURED 61. □ PRIVATELY INSURED CONVENTIONAL 62. □ UNITED STATES DEPARTMENT OF AGRICULTURE (“USDA") RURAL DEVELOPMENT 63. □ OTHER ' 64. mortgage in the amount stated in this Purchase Agreement, amortized over a period of not more than percent (%} per annum. The mortgage application IS 66. TO BE MADE WITHIN HVE (5) BUSINESS DAYS after the Final Acceptance Date of this Purchase Agreement. 67. Buyer agrees to use best efforts to secure a commitment for such financing and to execute all documents required to 68. consummate said financing. 69. MORTGAGE RNANCING CONTINGENCY: This Purchase Agreement-is contingent upon the following and applies 70. to the first mortgage and any subordinate financing. (Chedi one.) 71. Q If Buyer cannot secure the financing specified in this Purchase Agreement, and this Purchase Agreement does not 72. close on the closing date specified, this Purchase Agreement is canceled. Buyer and Seller shall immediately 73. sign a Cancellation of Purchase Agreemeritcqrti\m\ng said cancellation anid directing all earnest money paid here to be 74. nREFUNDEDTO BUYER □ forfeited TO SELLER. ------------------------------ —(Cheek one:)—--------------------------— note: it this Purchase Agreement is subject to DVA or FHA financing, FORFEITEDTO seller may be prohibited. See the following OVA and FHA Escape Clauses. 77. □ Buyer shall provide Seller, or licensee representing or assisting Seller, with the Written Statement, on 78. or before----------------------------^------------------------------- 79. For purposes of this Contingency. “Written Statemenr means a Written Statement prepared by Buyer's mortgage 8o! originator(s) or lender(s) after the Final Acceptance Date that Buyer Is approved for the loan(s) specified in this Purchase Agreement, including both the first mortgage and any subordinate financing, if any, and stating that an 82. appraisal, satisfactory to the lenderfs), has been completed and stating conditions required by lender(s) to close 83. the loan. Upon delivery of the Written Statement to Seller, or licensee representing or assisting Seller, tiie obligation for satisfying all conditions required by mortgage originator(s) or lender(s), except those conditions specified below, 86. are deemed accepted by Buyer: 87. (a) work orders agreed to be completed by Seller; (b) any other financing terms agreed to be completed by Seller here; and (c) any contingency for the sale and closing of Buyer's property pursuant to this Purchase Agreement 65. years, with an initial interest rate at no more than 75. 76. 81. 84. 85. 88. 89. MN:RA-2 (8/19) I ... 4 PURCHASE AGREEMENT 90. Pages Date aecemb^. Ottertail 12th 2019 HN 5657145S12 Langlight Drive91. Property located at Upon delivery of the Written Statement, if this Purchase Agreement does not close on the stated closing date for ANY REASON relating to financing, including, but not limited to interest rate and discount points, if any, then Seller may, at Seller's option, declare this Purchase Agreement ranceled, in which case this Purchase Agreement is canceled. If Seller declares this Purchase Agreement canceled, Buyer and Seller shall immediately sign a CancolMon of PurchasB Agreement con^mmg said cancellation and directing all earnest money paid here to be forfeited to Seller as liquidated damages. In the alternative^ Seller may seek ail other remedies allowed by law. 92. 93. 94. 95. 96. 97. Notwithstanding the language in the preceding paragraph, Seller may not declare this Purchase Agreement canceled if the reason this Purchase Agreement does not close was due to: (a) Seller's failure to complete work orders to the extent required by this Purchase Agreement; (b) Seller's failure to complete any other financing terms agreed to be completed by Seller here; or (c) any contingency for the sale and closing of Buyer's property pursuant to this Purchase Agreement, except as specified in the contingency for sale and closing of Buyer’s property. If the Written Statement is not provided by the date specified on line 78, Seller may. at Seller's option, declare this Purchase Agreement canceled by written notice to Buyer at any time prior to Seller receiving the Written Statement, in which case this Purchase Agreement is canceled. In the event Seller declares this Purchase Agreement canceled, Buyer and Seller shall immediately sign a Cancellation of Purchase Agreement confirming said CEmcellation and directing all earnest money paid here to be refunded to Buyer. If the Written Statement is not provided, and Seiler has not previously canceled this Purchase Agreement, feis Purchase Agreement is canceled as of the closing date specified in this Purchase Agreement Buyer and ^ller shall immediately sign a: Cancellation of Purchase Agreement confirming said cancellation and directing all earnest money paid here to be refunded to Buyer. 113. LOCKING OF MORTGAGE INTEREST RATE f‘'RATE”1: The Rate shall be locked with the lender(s) by Buyer: 114. (C^edrone.) 115. □ WITHIN RVE (5) BUSINESS DAYS OF FINAL ACCEPTANCE DATE OFTHIS PURCHASE AGREEMENT; OR 116. □ AT ANYTIME PRIORTO CLOSING OR AS REQUIRED BY LENDER(S). 98. 99. 100. 101. 102. 103. 104. 105. 106. 107. 108. 109. 110. 111. 112. 117. LENDERCOMMITMENT WQRK ORDERS: Sailer agrees to pay up to $ 118. repairs as required by the lender commitment. If the lender commitment is subject to any work orders for which the 119 cost of making said repairs shall ejoseed this amount, Seller shall have the following options: 120. (a) making the necessary repairs; or 121. (b) negotiating the cost of making said repairs with Buyer; or 122. (c) declaring this Purchase Agreement canceled, in which case this Purchase Agreement is canceled. Buyer and Seller 123. shall immediately sign a Cancellation of PurdtaseAgreementconfirmmg said cancellation and dinscung all earnest 124. money paid here to be refunded to Buyer, unless Buyer provides for payment of the cost of said repairs or escrow 125. amounts related thereto above the amount specified on line 117 of this Purchase AgreemenL [~~| SELLER Q BUYER agrees to pay any reinspection foe required by Buyer's lender(s). 127. F“4 CLAUSE fPHA Firiancina onivl: “it is expressly agreed that, notwithstanding any other provisions 128. of this contract, the purchaser shall not be obligated to complete the purchase of the Property described here orto Incur 129. any penalty by forfeiture of earnest money deposits or othenwise, unless the purchaser has been given in accordance 130. with the Department of Housing and Urbem Development f HUD”)/FHA or DVA requirements a written statement by the 131. Federal Housing Commissioner, DepEUtment of Veterans’ Affairs, or a Direct Endorsement lender setting forth the 132. appraised value of the Property as not less than $ to make 126. (sale price) 133. The purchaser shall have the privilege and option of proceeding with consummation of the contract without regard 134! to the amount of the appraised valuation. The appraised valuation is arrived at to determine the maximum mortgage 135. HUD will Insure; HUD does not warrant the value norths condition of the Property. The purchaser should satisfy himsetV 136. herself that the price and condition of the Property are acceptable.” MN:PA^ (8/19) I . .. . •, PURCHASE AGREEMENT 137. Page 4 Date Pecember Ottertail 12tb 2019 138. Property located at Lampiight_Dr^ 139. LENDER PROCESSING FEES fFHA. DVA Financing Onlvl: Seller agrees to pay Buyer’s closing fees and 140. miscellaneous processing fees which cannot be charged to Buyer, not to exceed $--------^:------------------------------- 141. This amount is in addition to Seller's Contributions to Buyer’s Costs, if applicable. HH 56571 142. DVA FUNDING FEE fDVA Financing onlyV: Pursuarrt to federal regulations, a one-time Funding Fee must be paid 143. at the closing of this transaction as fellows: paid by Buyer □ AT CLOSING □ ADDED TO MORTGAGE AMOUNT -----------------------------------^---------(Cheek one.)--------------------—------------:----------- 144. paid by Seller 146. NOTE: DVA regulations limit the fees and (barges Buyer can pay to obtain a DVA loan. 147. DEPARTMENT OP VETERANS’AFFAIRS ESCAPE CLAUSE (DVA Finaneinn nnivl; “It is expressly agreed that. 148. notwithstanding any Other provisions of this contract, the purchaser shall notincurany penalty by fbifeiture of earnest 149. money or othenA/lse be obligated to complete the purchase of the Property described here, if the contract purchase 150. price or cost exceeds the reasonable value of this Property established by the Department of Veterans’ Affeirs. The 151. purch2iser shall, however, have the privilege and option of proceeding with the consummation of this contract without 152. regard to the amount of reasonable value established by the Department of Veterans' Affeirs.” 153. NOTE: Verify DVA requirements relating to payment of all special assessments levied eund pending, and annual installments of special asse^ments certified to yearly taxes. 155. OTHER MORTGAGE FINANCING ITEMS: _______________________________________________ 145. 154. 156. SELLER’S GONTRieyTIONS TO BUYER’S COSTS: 158. SellerQ IS IS NOT contributing to Buyer's costs. If answer is IS, Seller agrees to pay at closing, up to: (Checkone.) -----(Cheek one.)------ 157. 159. □$ 160. □percent (%) of the sale price 161. towards Buyer's closing fees, title servicd fees, title searches, title examinations, abstracting, fender’s^eInsurance,162. owner's title insurance, prepaid rtems, other Buyer's costs allowable by lender, if any, and/or mortgage discrount points. Any 163. amount of Seller's contribution that exceeds Buyer’s allowable costs, or which cannot bd used because Seller's 164. contribution exceeds the maximum Seller contribution allowed by law or by mortgage requirements, shall be retained 165. by Seller.______________ -_____________________________________________________ 166. NOTE: The amount paid by Seller cannot exceed the maximum Seller cpnfributipn allowed by FHA, DVA, or lender. All fuiids paid by Seiler on behalf of Buyer must be stated on the Closing Disclosure at closing.167. INSPECTIONS:168. 169. Buyer has been made aware of the availability of Property inspections. Buyer [^1 ^KTS [~1 DECLINES to have a 170. Property inspection performed at Buyer's expense. 171. This Purchase Agreement® IS □ IS NOT contingent upon any inspection(s) of the Property obtained by Buyer to -------(Oteekone.)------ 172. determine its condition, including any non-intrusive testing or any intrusive testing as allowed pursuant to this Purchase 173. Agreement 174. Any inspection(s) or test(s) shall be done by an inspector(s) or tester(s) of Buyer's choice. Buyer shall sati^ Buyer 175. as to the quallficatfons of the inspeetor(e) or testers). For purposes of this Purchase Agreement, “Intrusive testing" 176. shall mean any testing, inspection(s), or investigation(s) that changes the Property from its original condition or othenwise 177. damages the Property. 176. Seller I I DOES ® DOES NOT agree to allow Buyer to perform intrusive testing or inspecUonCs). ■ —(a^okone.)------------ 170. If answer is DOES, Buyer agrees that the Property shall be returned to the same condition it was in prior to Buyer’s 180. intrusive testing at Buyer's sole expense. MN:PA-4 (a/1S) PURCHASE AGREEMENT 181. Page 5 Date Peca^ Ottertail 12th 2019 182. Property located at —Lamplight Drive--------- 183. Seller will provide access to attic(s) and crawlspace(s). 184. Within 185. resulting negotiations, if any, shall be done (“Inspection Period”). 186. if this Purchase Agreement is contingent upon inspection. Buyer may cancel this Purchase Agreement based on the 187. inspection(s) or test result(s) by providing written notice to Seller, or licensee representing or assisting Seller, of Buyer's 188. intent to cancel no later than the end of the Inspection Period. If Buyer cancels this Purchase Agreement, Buyer and 189. Selier shall immediately sign a Cancellation of Purchase Agreement confirming said cancellation and directing all 190. earnest money paid here to be refunded to Buyer. If Buyer does not cancel this Purchase Agreement before the end 191. of the Inspection Period, then this Inspection Contingency shall be deemed removed and this Purchase Agreement 192. shall be in full force and effect. 193. OTHER INSPECTIOM ITEMS:_________________________________________________________ _____________ MS 56571 Calendar Days of Final Acceptance Date of this Purchase Agreement, all inspection(s), test(s), and 194. 195. 196. SALE OF BUYER’S PROPERTY:197. 198. (Check one.) 199. Q 1. This Purchase Agreement is subject to an Addendum to Fu/chase Agreement: Sa/e of Buyeris P/cperfy Contingencyiot the sale of Buyer's property. (If checked, see attached Addendum.)200. 201. OR 202. Q 2. This Purchase Agreement is contingent upon the successful closing on the Buyer's property located at __________' _____^^_____ ;■ ■^________________ which is scheduled to close on pursuant to a fully executed purchase agreement. If Buyer’s property does not close by the closing date spewed in this Purchase Agreement, this Purchase Agreement is canceled. Buyer and Seller shall immediately sign a Cancellation of Purchase Agreement confirming said cancellation and directing^i earnest money paid hereto be refunded to Buyer. The language in this paragraph supersedes any dther provision to the contrary in any financing contingency made a part of this Purchase Agreement, if applicable. 203. 204. 205. 206. 207. 208. 209. OR210. 211. S-.Buyer represents that Buyer has the finaneial ability to perform on this Purchase Agreement without the sale and closing on £ury Other property.212. REAL ESTATE TAXES/SPECIAL ASSESSMENTS:213. 214. RE AL ESTATE TAXES: Seller shall pay on the date of closing all real estate taxes due and payable in all prior years 215. including ail penalties and interest 216. Buyer shall pay [g PRORATED FROM DAY OF CLOSING □ ALL □ NONE □/12ths OF real estate taxes 217. due and payable in the year of closing. Seller shall pay g] PRORATEDTO DAY OF CLOSING □ ALL □ NONE □ _____ .... .M.. M., (Check one.)--------------------------- /1201S OF real estate taxes due and218. 219. payable in the year of closing. ff the Property tax status is a part- or non-homestead classification in the year of dosing, SellerQSHALL[S SHALL NOT ■■■" ■ ’(ChGCk 220. 221. pay the difference between the homestead and non-homestead. Buyer shall pay real estate taxes due and payeUile in the year following closing and thereafter, the payment of which 223. is not otherwise here provided. No representations are made concerning the amount of subsequent real estate taxes. MN.-n^-5<8n9) J,r<EAL¥dlIS I . . 4 . . 4 PURCHASE AGREEMENT 224. Page 6 Dateieca&er Ottertail 12th 2019 5657145512 Lamplight Drive MN225. Property located at 226 DEFERRED TAXES/SPECIAL ASSESSMENTS: [~] BUYER SHAU^RWr 1)^ SELLER SHALL-PAY on date of closing any deferred real estate ta^ffls (e.g., Green 228. Acres) or special assessments, payment of vyhich is required as a result of the closing of this sale. 229. IS BUYER AND SELLER SHALL PRORATE AS OF THE DATE OF CLOSING □ SELLER SHALL PAY ON -----------------------------------:—^^----------------(Ctiedf one.)----------------^^------------------------------------------ 230. DATE OF CLOSING all installments of special assessments certified tor payment, with the real estate taxes due and 231. payable in the year of closing. 232. O BUYER SHALL ASSUME SELLER SHALL PAY on date of dosing all other special assessments levied as ------------------------------------(Check one:)—^----------------- 233. of the Date of this Purchase Agreement. 234. □ BUYER SHALL ASSUME SELLER SHALL PROVIDE FOR PAYMENT OF special assessments pending (Cheekene.)------------------- v,','.. -------------———:. 235. of the Date of this Purchase Agreement for improvement that have been ordered by any assessing authorities. (Seller's 236. provision for payment shall be by payment into escrow of two (2) times the estimated amount of the asse^ments 237. or less, as required by Buyer's lender.) 238. Buyer shall pay any unpaid special assessments payable in the year following closing 2md thereafter,' the payment of 239. which is not otherwise here provided. 240. As of the Date of this Purchase Agreement. Seller represents that Seller O HAS {§ HAS NOT received a notice ----------(Cheekene.)---------- 241. regarding any new improvement project from any assessing authorities, the costs of which project may be assessed 242. against the Property. Any such notice receive by Seller after the Date of this Purchase Agreement emd before closing 243. shall be provided to Buyer immediately. If such'hotice is issued, after the Date of this Purchase Agreement and on 244. or before the date of closing, then the parties may agree in writing, on or before the dste of closing, to pay, provide 245. for the payment of, or assume the speciaf^sessments. In the absence of such agreement, either party may dedare 246. this Purchase Agreement canceled by written notice to the other party, or licensee representing or assisting the other 247. party, in which case this Purchase Agreemerit is canceled. If either party declares this Purchase Agreement canceled,248. Buyer and Seller shall immediately sIqo a [Cancellatldn of Purchase Ag/eemenf confirming said cancellation and 249. directing all earnest money paid here to be rounded to Buyer. ADDITIONAL PROVISIONS: 251. PREVIOUSLY WRITTEN PURCHASE AGREEMENT: This Purchase Agreement □ IS [§ IS: NOT subject to -------(Cheek one.)------- 227. as 250. 252. cancellation of a previously written purctieise agreement dated 253. (If answer is IS, said cancellation shall be obtained n0‘later than —^^^^-------------------------- 254. If said cancellation is not obtained by said date, this Purchase Agreement is canceled. Bi^r and Seller shall Immediately 255. sign a Cancellation of Purchase Agreement oonfiming said cancellation and directing all earnest money paid here to 256. be refunded to Buyer.) 257. DEED^ARKETABLE TITLE: Upon performance by Buyer, Seller shall deliver a: (Check one.) 258. ® warranty DEEDD PERSONAL REPRESENTATiVE’S DEEDijCONTRACT FOR DEED □TRUSTEE’S DEED DEED joined in by spouse, if any, conveying marketable title, subject toV269. □ OTHER: (a) building and zoning laws, ordinances, and state and federal regulations; (b) restrictions relating to use or improvement of the Property without effective forfeiture provisions; (c) reservation of any mineral rights by the State of Minnesota; (d) utility arid drainage easements which do not interfere with existing improvements; (e) rights of tenants as follows (unless ^ecified, not subject to tenancies):--------------------------------- 260. 261. 262. 263. 264. ;and265. --------------------------------------------------------- 266. (f) others (must be specified in writing): 267. ----------------------------------------------- MN:RiVe (8/19)i^lR'EAlh^dv^^ I.. .1. PURCHASE AGREEMENT 268. Page? Date December Ottertail 12th 2019 269. Property located at ^ssi2 Lamplight Priyg 270. POSSESSION: Seller shall deliver possession of the Property: (Check one.) 271. (S IMMEDIATELY AFTER CLOSING-or 272. □OTHER:-------------------------------------------------------------------------------- 273. Seller agrees to remove ALL DEBRIS AND ALL PERSONAL PROPERTY NOT INCLUDED HERE from the Property 274. by possession date. 275. LINKED DEVICES: Seller warrants that Seller shall permanently disconnect or discontinue ■Qellftr’a or service 276. to any device or system on or serving the property that Is connected or controlled wirelessly, via internet protocol (“IP^ 277. to a router or gatew£^ or directly to the cloud no later than delivery of possession as spi^ified in this Purchase 278. Agreement. 279. PRORATIQNS: All interest; unit owners’ association dues; rents; and charges for city water, city sewer, el^^ity, and 280. natural gas shall be prorated between the parties as of date of closing. Buyer shall pay Seiler for remeilning geUlons of 281. fuel oil or liquid petroleum gas on the day of closing, at the rate of the last fill by Seller. 282. TTTLE AND EXAMINATION: As quickly as reasonably possible after Rnal Acceptance Date of this Purchase Agreement 283. (a) Seller shall deliver any abstract of title and a copy of any owner's title insurance policy for the Property, if in Seller's possession or control, to Buyer or Buyer's designated title service provider. Any abstract of title or owner's title insurance policy provided shall be immediately returned to Seller, or licensee representing or assisting Seller, upon cancellation of this Purchase Agreement; sund 287. (b) Buyer shall obtain the title services determined necessary or desirable by Buyer or Buyer's lender, including but not limited to title searches, title examinations, abstracting, a title insurance commitment, or an attorney’s title opinion at Buyer's selection and cost and provide a copy to Seller. 290. Seller shall use Seller's best efforts to provide marketable title by the date of closing. Seller agrees to pay all costs . 291. and foes necessary to convey, marketable title Including obtaining and recording all required documents, subject to the ' 292. following: 293. in the event Seiler has not provided marketable title by the date of closing. Seller shall have an additional thirty 294. (30) days to make.title marketable, or in the alternative, Buyer may waive title defects by written notice to Seller. In 295. addition to the thirty (30)-day erdension, Buyer and Seller may, by mutual agreemerit, further extend the closing 296. dale. Lacking such extension, either party may declare this Purchase Agreement canceled by written notice to 297. the other party, or licensee representing or assisting the other party, in which case this Purchase Agreement is 298. canceled. If either party declares this Purchase Agreement canceled. Buyer and Seller shall immediately sign a 299. Cancellation of Purchase Agreemsnf confirming said cancellation and directing ail esumest money peu'd here to be 300. refunded to Buyer. MH 56571 f. - 284. 285. 286. 288. 289. 301. siiBDivisinM QF LAND. BOUNDARIES. AND ACCESS: If this Sale constitutes or requires a subdivision of land 30? owned by Seller, Seller shall pay all subdivision expenses and obtain all necessary governmental approt^is. Seller 303. virarrants that the legal description, of the reai property to be conveyed has been or shail be approved for recording as 304. of the date of closing. Seller warrants that the buildings are or shall be constructed entirely within the boundary lines 305. of the Property. Seller warrants that there is a right of access to the Property from a public right-of-way, 306. MECHANIC'S LIENS: Seller warrants that priorto the closing, payment in full will have been madefor all labor, materials, 307. machinery, fixtures, or tools furnished within the 120 days immediately preceding the closing in connection with 308. construction, alteration,.or repair Of any structure on. or improvement to, the Properly. 309. NOTICES: Seller warrants that Seller has not received any notice from any governmental authority as to condemnation310. proceedings, or violation of any law, ordinance, or regulation. If the Property is subject to restrictive covenants. Seller 311. warrants that Seller has not received any notice from ary person or authority as to a breach of the covenants. Any 312. such notices received by Seller shall be provided to Buyer immediately. 313. niMEwsiONS: Buyer acknowledges any dimensions, square footage, or acreage of land or improvements .provided 314. by Seller, third party. or broker representing or assisting Seiler are approximate. Buyer shall verify the accuracy of 315. information to Buyer's satisfaction, if material, at Buyer’s sole cost and ©cpense. AraPFFMgMT; .«SAiiftr anrenc to aJlow reasonable access to the Property for performance of any surveys or316. 317. inepections agreed to here. MN:FA-7 (8/19) J . .8 . . . 4 . PURCHASE AGREEMENT 318. Pages Date oecenber Ottertail 12th 2019 319. Property located 320. RISK OF LOSS: If there is any loss or damage to the Property between the Final Acceptance Date and the date of 321. closing for any reason, including fire, vandalism, flood, earthquake, or act of God. the risk of loss shall be on Seller. If 322. the Property Is destroyed or substantially darnaged before the closing date, this Purchase Agreement is canceled, 323. at Buyer’s option, by wntten notice to Seller or licensee representing or assisting Seller. If Buyer cancels this Purchase 324. Agreement, Buyer and Seller shall immediately sign a Cancellation of Purchase Ag/ee/nenf confirming said cancellation 325. and directing all earnest money paid here to be refunded to Buyer. 326. TIME OF ESSENCE: Time is Of the essence in this Purchase Agreement. 327. CALCULATION OF DAYS: Any calculation of days begins oh the first day (Calendar or Business Days as specified) 328. following the occurrence of the event specified and includes subsequent days (Calendar or Business Days as specified) 329. ending at 11:59 P.M. on the last day. MH 56571 330. BUgllME.S>.S_DAYS; "Business Days” are days which are not Saturdays, Sundays, or state or federal holidays unless 331. stated els^here by the parties in writing. 332. CALENDAR DAYS: “Calendar Days” include Saturdays, Sund^s, and state and federal holidays. 333. RELEASE OF EARNEST MONEY: Buyer and Seller agree that the Earnest Money Holder shall release earnest money 334. from the Earnest Money Holder's trust account: 335.(a) at or upon the successful closing of the Property: (b) pursuant to written agreement between the parties, which may be reflected in a Cancellation of Purchase Agreement exscuteri by both Buyer and Seller; (c) upon receipt of an affidavit of a cancellation under MN Statute 559.217; or (d) upon receipt of a court order. 336. 337. 338. 339. 340. DEFAULT: If Buyer defaults in any of the agreements here. Seller may cancel this Purchase Agreement, and any 341. payments made here, including earnest mohe^, shall be retained by Seller as liquidated damages and Buyer and Seller 342. shall affirm the same by a written cancellation agreement. 343. If Buyer defaults in any of the agreements here. Seller may terminate this Purchase Agreement under the provisions 344. of either MN Statute 559.21 or MN Statute 559.217, whichever is applicable, if either Buyer or Seller defaults in any 345. of the agreements here or there exists an unfulfilled condition after the date specified for fulfillment, either parly may 346. cancel this Purchase Agreement under MN Statute 559.217, Subd. 3. Whenever It is provided here that this Purchase 347. Agreement is canceled, said language shall be deemed a provision authorizing a Declaratory Cancellation under MN 348. Statute 559.217, Subd. 4. 349. If this Purchase Agreement is riot canceled or terminated as provided here. Buyer or Seller may seek actual damages 350. for breach of this Purchaise Agreement or specific performance of this Purchase Agreement; and, as to specific 361. performance, such action must be commenced within six (6) months after such right of action arises. NOTICE regarding PREDATORY OFFENDER INFORMATION: Itiformation regardiiig the predatory offender 353. registry and persons registered with the predatory offender registry under MN Statute 243.166 may be obtamed 354. by contacting die local law enfofbemerit offices in the community where.the Property is located or the Minnesota 355. Department of Corrections at (651) 361-7200, or from the Department of Corrections web site at 356. www.corr.slate.mn.us. __________ _______^___________ 357 BUYER HAS THE RIGHT TO A WALK-THROUGH REVIEW OF THE PROPERTY PRIOR TO CLOSING TO 358. ESTABLISH THAT THE PROPERTY IS IN SUBSTANTIALLY THE SAME CONDITION AS OF THE DATE OF 359. THIS PURCHASE AGREEMENT. 360. BUYER HAS RECEIVED A: (Check any that apply.) @ DISCLOSURE STATEMENT: SELLER’S PROPERTY . disclosure STATEMENTORAQDISCLOSURE STATEMENT: SELLER’S DISCLOSURE ALTERNA71VESFORM. 362. DESCRipnbN OF PROPERTY CONDITION: See Disclosure Statement Seller’s Property Disclosure Statement or 363. Disclosure SteOemertt Seller's Disclosure Altematives for description of disclosure responsibilities and limitations, if 364. any. 365. BUYER HAS RECEIVED THE INSPECTION REPORTS, IF REQUIRED BY MUNICIPALITY. 366. BUYER IS NOT RELYING ON ANY ORAL REPRESENTATIONS REGARDING THE CONDITION OFTHE PROPERTY 367. AND ITS CONTENTS. _____________________________________________ 361 MN:PA.8 (8/19)J.kEAi:fdR^ PURCHASE AGREEMENT 368. Pages Date2££2*££ Ottertail 12th 2019 4SS12 Lamplight Orive 56571m369. Property located at 370. (Check appropriate boxsa.) 371. SELLER WARRANTS THAT THE PROPERTY IS EITHER DIRECTLY OR INDIRECTLY CONNECTED TO: 372. CrrYSEWERQYESjgNO/CITY WATER Dyes [g NO 373. SUBSURFACE SEWAGE TREATMENT SYSTEM 374. SELLER |g DOES □ DOES NOT KNOW OF A SUBSURFACE SEWAGE TREATMENT SYSTEM ON OR-------------(Check one.)--------------- 375. SERVING THE PROPERTY (If answer is DOES, and the system does not require a state permit, see Disclosure 376. statement Subsurface Savage Treatment System.) 377. PRIVATE WELL 378. SELLER ® DOES □ DOES NOT KNOW OF A WELL ON OR SERVING THE PROPERTY. ■rcheefc one.)——............. 379. (If answer is DOES and welHs located on the Property, see Disclosure Statement Well.) 380. THIS PURCHASE AGREEMENT |g IS □ IS NOT SUBJECT TO AN ADDENDUM TO PURCHASE AGREEMENT: ' -------(Checicone.)-------- 381. SUBSURFACE SEWAGE TREATMENT SYSTEM AND WELL INSPECTION CONTINGENCY. 382. (If answer is IS,:^ attached Aorcrendum.) 383. IF A WELL OR SUBSURFACE SEWAGE TREATMENT SYSTEM EXISTS ON THE PROPERTY, BUYER HAS 384. RECEIVED A IXSCLCfSURE STATEMENT: WEU AND/OR A DISCLOSURE STATEMENT: SUBSURFACE SEWAGE 385. treatment SYSTEM. 386. HOME PROTECTIQN/WARRANTY PLAN: Buyer and Seller are advised to investigate the various home protection/ 387. warranty plans available for purchase. Different home protection/warranty plans have different coverage options, 388. exclusions, limitations, and service fees. Most plans exclude pre-existing conditions. (Check one.) .389. H] A Home Protection/Warranty Plan will be obtained by Q] BUYER Q SELLER and paid for by ----------------(Checkona.)----------------- 390. □ BUYER □ SELLER to be issued by---------------------------------^-------------------- --------------------------------- -------------(Cheek one.}—^-------- 391. at a cost not to exceed $----------------------------------------- 392. IS No Home Protection/Warranty Plan is negotiated as part of this Purchase Agrsement. However, Buyer may elect 393. to purchase a Home Protection/Warranty Plan. AGENCY NOTICE394. is IS Seller’s Agent Q Buyer's Agent Q Dual Agent Q Facilitator. ---------------------------;------------------(Cheek me.)------------------------------------------------ Linda It. Stoll395.(Licensee) Coldwall Banker396. [Reial Estate Convany Name) is □ Seliei^s Agent {g Buyer’s Agent □ Dual Agent □ Facilitator. ---------^--------------------------(Oieekone.)------------------^-------------------Vann R. Bruhn397. .(Licensee) Hear VHorizons Realty of Perhan, inc.398. (Real Estate Ccmpany Name) THIS NOnCE DOES NSr SATISFY MINNESOTA STATUTORY AGENCY DISCLOSURE REQUIREMENTS.399. MN:F%-9 (8/19) (i REALTORS I.. .a . .. - a PURCHASE AGREEMENT 400. Page 10 Date°5Eete. Ottertail 12th 2019 401. Property located at —Lamplight Drive HN 56571 DUAL AGENCY REPRESENTATION402. 403. PLEASE CHECK OWgOFTHE FOLLOWING SELECTIONS: 404. IS Dual Agency representation DOES NOT apply in this transaction. Do not complete lines 405-421. 405. Q Agency representation DOES apply in this transaction. Complete the disclosure in lines 406-421. 406. Broker represents both the Seller(s) and the Buyer(s) of the Property involved in this transaction, which creates a 407. dual agency.This means that Broker and its salespersons owe fiduciary duties to both Seller(s) and Buyer(s}. Because 408. the parties may have conflicting interests, Broker and its salespersons are prohibited from advocating exclusively fbr 409. either party. Broker cannot act as a dual agent in this transaction without the consent of both Seller(s) and Buyer(s). 410. Sellerfs) and Buyer(s> acknowledge that (1) confidentieU information communicated to Broker which regards price, terms, or motivation to buy or sell^will remain confidential uniess Seilerfs) or Buyerfs) instructs Broker in writing to disclose this information. Other information will be shared; (2) Broker and its SEdespersons will not represent the interest of either party to the detriment of the other; and (3) within the limits of dual agency. Broker and its salespersons will work diligently to facilitate the mechanics of the sale. 417. With the knowledge and understanding of the explanation above, Seller(s) and Buyerfs) authorize and instruct Broker 418. and its salesperson to act as dual agents in this transaction. 411. 412. 413. 414. 415. 416. 419. Seller Buyer. Buyer420. Seller Date421. Date 422. CLOSING COSTS: Buyer or Seller may be required to pay certain closing costs, which may effectively increase the423. cash outlay at closing or reduce the proceeds from the ^e. 424. SETTLEMENT STATEMENT: Buyer and Seller authorize the title company, escrow agent, and/or their representatives 425. to disclose and provide copies of the disbursing agent’s settlement statement to the real estate licensees involved in 426. the transaction at the time these documents are provided to Buyer and Seller. 427. FOREIGN IMVFRTMENT IN REAL PROPERTY TAX ACT (“FIRPTA’^L Section 1445 Of the Internal Revenue Code 428. pro\fldes that a tran^ree(“Buyer^ of a United States real property interest must be notified in writing and must withhold 429. tax if the transferor (“Seller^ is a foreign person and no exceptions frorn FIRPTA withholding apply. Buyer and Seller 430. agree to comply with FIRPTA requirements under Section 1445 of the Internal Revenue Code. 431. Seller shall represent and warrant, under the penalties of perjury, whether Seiler is a “foreign person” (as the same 432. is defined within FIRPTA), prior to closing. Any representations made by Seller with respect to this issue shall survive 433. the closing and delivery of the deed. 434. Buyer and Seller shall complete,.ejfocute, and deliver, on or before closing, any instrument, affidavit, or statement 435. reasonably necessary to comply with the FIRPTA requirements, including delivery of their respective federal taxpayer 436. identification numbers or Social Security numbers. 437. Due to the complexity and potential risks of failing to comply with FIRFTA, Including the Buyer's responsibility for 438. withholding the applicable tax, Buyer and Seller should seek appropriate legal and tex advice regarding FIRPTA 439. compliance, as the respective licensee’s representing or assisting either pa:rty will be unable to assure either 440. party whether the transaehon is exenipt from FIRPTA withholding requlremehts. win:pa-io (ens) I . .a ... 1 PURCHASE AGREEMENT 441. Page 11 nate necember 12th 2019 Ottectail MM 56S71442. Property located at 45512 Lamplight prive 443. ENTIRE AGREEMENT: This Purchase Agreement and any addenda or amendments signed by the parties shall 444. constitute the entire agreement between Buyer and Seller. Any other written or oral communication tetween Buyer and 445. Seiler, including, but not limited to. e-mails, text messages, or other electronic communications are not part of this 446. Purchase Agreement. This Purchase Agreement can be modified or canceled only in writing signed by Seiler and 447. Buyer or by operation of law. All monetary sums are deemed to be United States currency for purposes of this Purchase 448. Agreement. 448. ELECTRONIC SIGNATURES: The parties agree the electronic signature of any party on any document related to this 450. transaction constitute valid, binding signatures. 451. FINAL ACCEPTANCE: To be binding, this Purchase Agreement must be fully executed by both parties and a copy 452. must be delivered. 453. SURVIVALi All warranties specified in this Purchase Agreement shall survive the delivery of the deed or contract' 454. tor deed. 455. PATE QFTHIS PURCHASE AGREEMENT: Date of this Purchase Agreement to be defined as the date on line one 456. (1) of this Purchase Agreement. 457. OTHER: _____________________________________________________________________ 458. :^ 459. _^____________________________________________________________________ 460. _! '^ 461. 462. 463. 464. 465. 466. 467. 466. 469. ADDENDA: The fbllowinq addenda are attaraied and madea part of this Purchase Agreement. 470. NOTE: Disclosures and optional Arbitration Agreement are not part of this Purchase Agreement 471. ^ Addendum to Purchase Agreement ^72. ^ Add&ndum to Purchase Agreement: Assumption Financing 473. □ Addendum to Purchase Agreement: Buyer Move-in Agreement 474. □ Addendum to PurrOiase Agreement Bu^r Purchasing “As is" and Limitation of Seller Liability 475. Q] Addendum to Purchase Agreement: Condominium/Townhouse/Cooperative Common Interest Community 476. 477. □ Addendum to Purchase Agreement Contract tor Deed Fnandng 478. Q] Addendum to Purchase Agreement Disclosure of Information on Lead-Based Paint and Lead-Based Paint 479. Hazards 480. Q Addendum to Purchase Agreement: Sale of Buyer's Property Contingency 481. 0 Addendum to Purchase Agreement Seller's Rent Back Agreement 4Sa. Q Addendum to Purchase Agreement: Short Sale ConUngenoy 483. ® Addendum to Purchase Agreement Subsurface Sewage Treatment System and Well Infection Contingency MN:F%-11 (8/19) (“CIC") 1. .4. ..a. PURCHASE AGREEMENT 484. Page 12 DateSSSSffi"12tl> 2019 Ottertail45812 Lamplight Drive Ml 56571485. Property located at 486. I agree to sell the Property for the price and on the 467. tenns and conditions set forth above. 488. I have levlewed all pages Of this Purchase 489. Agreement I agree to purchase the Property for the price and on the terms and conditions set forth above. I have reviewed all pages of this Purchase Agreement. 490. checked, this Purchase Agreement is subject to491. '^attached Addendum to Purehaee Agreement: 482. Counteroffer. 483. FIRPTA: Seller represents and warrants, under penalty of perjury, that SellerQiS^ IS NOT a foreign person (he., a ------(aSokonA)— 485. non-resident alien individual, foreign corporation, foreign 496. partnership, foreign trust or foreign estate for purposes of 487. Income taxation. (See Ones 427-440.)) This representation498. and warranty shall survive the dosing of the transaction 499. and the delivery of the deed. 494. (Buyers Slgnatute) (Ogte) 500. X teellsrs S^natuie)(Date) Y Pan Soheer501. X (SeneTs Primed Name)(Buyers Piiidsd Name) 502. X (Marital Status)(MaiIttlStBlue) /P~j3 -7 ?503. X-A X (Buyers Spatuie)(SeHers^rnture)(Date)(Date) a M»S O r\X504. X (Buyers Printed Name)(SeUsre Printed Name) X505. X (MBfiBiauum)(MamBi siBiua) VCs—506. FIMAL ACGEPTAMCE DATEi 507. isthe date on which the fully executed Purchase Agreement is delivered. The Rnal Acceptance Date THIS IS A LEGALLY BINDING CONTRACT BETWfEEN BUYER(S) AND 8ELLER(S). IFYOU DESIRE LEGAL ORTAX ADVICE. CONSULT AN APPROPRIATE PROFESSIONAL.508. 509. 610. IACKNOWLEDGETHATI HAVE RECEIVED AND HAVE HADTHE OPPORTUNITYTO REVIEWTHE mSOJO&JRE 511. SmTEMENT:AftBmWnONDtSa,OSURE AND RESIDENTIAL REAL PROPERTYAfmTRATION Aat&UENr, 512. WHICH IS AN OPTIONAL, VOLUNTARY AGREEMENT AND IS NOT PART OF THIS PURCHASE AGREEMENT. BUYER(S)513. SELLER(S) BUYER(S)514. SELLER(S) MNJVX.12 (8/1S) S « a • 9 ADDENDUM TO PURCHASE AGREEMENT: SUBSURFACE SEWAGE TREATMENTRIZONSSYSTEM AND WELL INSPECTION CONTINGENCYR E ft l T y This form approved by the Minnesota Association of REALTORS^, which disclaims any Utility arising out of use or misuse of this form. ® 2019 Minnesota Association of REALTORS^, Edina, MN Deeeaber 12th, 20191. Date _ 2. Page 1 3. Addendum to Purchase Agreement between parties, dated 4. the purchase and sale of the Property at Ottertail____________________________ December 12th 2019 , pertaining to Lamplight Drive45512 MN 56571 6. Seller has previously disclosed that a subsurface sewage treatment system and/or private well exists on, or serves, 7. the Property. This Purchase Agreement is contingent upon inspection(s) of the subsurfeice sewage treatment system 8. and/or private well to determine the condition or status of the following checked items. 9. if the appropriate test(s)/inspection(s) checked below are not done and results provided within the time specified, 10. or waived in writing by Buyer, then the party not responsible for obtaining the test/inspection may declare this Purchase 11. Agreement canceled by written notice to the other party, or licensee representing or assisting the other party, in which 12. case this Purchase Agreement is cariceled. If the party declares this Purchase Agreement canceled. Buyer and Seller 13. shall immediately sign a Cancellation of Purchase Agreement confirming said cancellation and directing all earnest 14. money paid here to be refunded to Buyer. 15. (Cher^ all that apply.) 16. [g SUBSURFACE SEWAGETREATMENT SYSTEM: 17. All test(s)/inspection(s) shall be done and results provided to Buyer within ____Calendar Days of Rnal Acceptance 18. Date of this Purchase Agreement 19. □buyer® SELLER AGREESTO OBTAIN (AND PROVIDETO BUYER) A LICENSED INSPECTOR'S SEPTIC -----------(Owck onaj---------- 20. SYSTEM INSPECTION REPORT OR NOTIOE INDICATING IF THE SYSTEM COMPLIES WITH APPUCABLE 21. REGULATIONS WITHIN THE TIME SPECIFIED ABOVE. 22. NOTICE: AVALIO CERTiHCATE OF COMPLIANCE FORTHE SYSTEM SHALL SATI8FYTHIS OBUGATION. 23. If the inspection report indicates that the subsurface sewage treatment system is not in compliance with eipplicable 24. regulations, then the parties may agree in writing on or before the date of closing, to negotiate an allocation between Buyer £md Seller of those costs necessary to bring the subsurface sewage treatment system into compliance with applicable regulations. In the absence of.such agreement, either party may declare this Purchase Agreement canceled by written notice to the other party, or licensee representing or assisting the other party, in which case this Purcheise Agreement is canceled, if either party declares this Purchase Agreement canceled. Buyer and Seller shall immediately sign Cancellation of Purchase Agreement confirming said cancellation and directing all earnest money paid here 31. to be refunded to Buyer. 32. OTHER: __^^-----------------------------------------------------------------------—---------------------------------------------- 25. 26. 27. 28. 29. 30.a 33. 34. 35. 36. 37. MNAfVL-SSTSWIC-l (8/19) R^ALT^I^^ InstanetFORMS ADDENDUMTO PURCHASE AGREEMENT: SUBSURFACE SEWAGE TREATMENT SYSTEM AND WELL INSPEGTION CONTINGENCY 38. Page 2 Ottertail MM 5657145312 Laaglight Drive39. Property located at 40. [X] PRIVATE WELL: All test(s}/inspection(s) shall be done and results provided to Buyer within li____ Calendar Days of Final Accept^ce Date of this Purchase Agreement. 43. □ BUYER ® SELLER AGREES TO OBTAIN (AND PROVIDE TO BUYER) A WATER QUALITY TEST WITHIN ------------(Checkone.)—-------- 44. THE TIME SPECIFIED ABOVE. 41. 42. If the water quality test results show the water is not potable or otherwise not in compliance with governmental water quality i^ndards, then the parties may agree in writing, on or before the date of closing, to negotiate an allocation between Buyer and Seller of those costs necessary to bring the water into potable condition and into compliance with governmental water quality standards. In the absence of such agreement, either party may declare this Purchase Agreement canceled by written notice to the other party, or licensee representing or assisting the other party, in which case this Purchase Agreement is canceled. If either party declares this Purchase Agreement canceled. Buyer and Seiler shall Immediately sign a Cancellation of Purchase Agreement confirming said cancellation and directing all earnest money paid here to be refunded to Buyer. OTHER* Water -best shall be pulled by RHB Lab prior to RO filtration and shall include nitrogen series, bacteria series, lead and arsenic. Nitrogen series shall include a 2nd test using the RO system. 46. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. 59. 4 M~/ 7U'i / ^ pate) ; 60.(Buyeif(Date)(Seller)•y - ! 761.(Date)(BuyeO(Date)(Seller) THIS IS A LEGALLY BINDING CONTRACT BETWEEN BUYER(8) AND SELLER(S). IFYOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPPiOPRIATE PROFESSIONAL.62. 63. MN:AR4SSTSWEC-2 (8/19) hi^ALYdR^ InsfanetFORMS ADDENDUM TO PURCHASE AGREEMENTThis form approved by the Minnesota Association of REALTORS^, which disclaims any liability arising out of t£e or misuse of tttis Ibrfn. © 2019 Minnesota Association of REALTORS^, Edina, MN December lath, 2019 NEW H RIZON5 R E H L T y 1. Date _ 2. Page 1 Addendum to Purchase Agreement between parties, dated pgc^er purchase and sale of the Property at Ottertail '_________________ 12th 2019 , pertaining to the3. Iiamplight Drive4. 56571NH5. In the event of a conflict between this Addendum and any other provision of the Purchase Agreement, the language in this Addendum shEUi govern. **Thls purchase agreemen-t is con-tingent upon the, Buyer securing a variance specifically removing Lamplight View Lot 2 Block 1 from Lan^light View Lot 2 Block 2 and attaching L^light ViewLot 2 Block 1 to-South Oaks Lot 10 Block 1. This contingency shall be removed by January 10, 2020. If Buyer is unable to remove this contingency. Buyer may elect to cancel the purchase agreement and receive, a full refund of earnest money paid. **Buyer shall be responsible for any and all costs associated with securing a variance. 6.7. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 7'Aiiisiy OJAy 31.(Buyer)(Date)(SeUei) j>32. ^(Date)(Buyer) THIS IS A LEGALLY BINDING CONTRACT BETWEEN BUYER(S) AND SELLER(S). IFYOU .DESIRE LEGAL OR TAX ADVICE. CONSULT AN APPROPRIATE PROFESSIONAL. (Date)(Seller) 33. 34. MINNS a _0 T _AREALTORSMN-ARA(8/18) InstanetFORMS 'Sf’sonal Praperty AgrBement TMs tom awnwad by fln Lristt Courtly AssadaSon of REALTORS^; whicli disclaims any QabSaymUng out of frtsuae of this tom. In consideration of the payment of $_ of which is hereby acknowledged, County of and other good and valuable consideration, receipt of the 1.00 j State of Minnesota, hereby agree to seii and convey to the following described Goods. Chattels and otter QgAl - tic., -''*£108^ -eoi*ee*±en—syeteOB—is . l**Shel,viag in garage/ahop/basesMat. r\\f\t,*^«JiVar- U>VV Vae. olA\o ^^^<4 \o CcV»*^>-t ■^3tn* One,A,w.irtXfVa p^o^V. Z The'rale and oonv^anoe of the above Personal Property is subject to the suceessfoi ctostny^f ^ lats ■ 2019 pertaining to 2X, 2019 **ail wiadoir Purchase Agreement between the parses dated the purchase of the property located at 4ssi2 Mspiiatt atirt, ottartou, wi sssii In the event that the sale of the above described property dcras not dose, thte Agreement shall become null and void, with the parties havmg no furth«^ obfigation to perform any terms of this Agreement. warrant* that Katohs ia the towrlul owner of asid Panonal PreoartV. told linom eB eneumbranoes at the time of sale. It Is Sailer hereby eowenanta that said Personal Proper^ wDl be free and urvterstood the Buyer accepts the property "as is*. Upon the succasslul dodng of the real estste of the sfoove reforenoad property, the Seller wffl deliver a Bill of Sale to the Buyer for the above Personal Property. /hn-iu>P/iJtAyiAJ^v2-r7 aam (Bai/mi)<aam)(SeOei) BRIAN JSCHEER PAMELA SGHEER 45431 LAMPLIGHT DR. OTTERTATUMN 56571 re-wi.__ —Zi. ~1A009 7076960 I CEBiemed3anjt :PAY TO •dollars a ^jr 801 MaitetStreet ■ Pertam, MN 56573 •218-346-2900 1-800-908-BANK • SnemeKom MEMO _______________«• i:oq&0 101.151: 130 5 3 10 l"' 0 70?& SKOurpauff 4 . J OTTER TAIL COUNTY Fergus Falls, Minnesota STATE OF MINNESOTA ) ) ss COUNTY OF OTTER TAIL I, Amy Busko, Secretary for the Board of Adjustment for Otter Tail County, Minnesota, do hereby certify that on the 24**^ day of December, 2019 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: ) Lake Association - NAProperty Owner Township Clerk Property Owner/Buyer Pam Scheer 45431 Lamplight Dr. Ottertail MN 56571 Greg Swanberg, Clerk Otter Tail Township 41701 295‘>^ St. Battle LakeMN 56515 Lon & Susan Hanson 727 Melody Lane Fergus Falls MN 56537 City Clerk (if located within 2 miles of a city) City of Otter Tail, Elaine Hanson, Clerk, PO Box 245, Ottertail MN 56571 Lake Improvement District (If project is located on their lake, mail notices to the Lake Improvement District) Big McDonald Lake Improvement Dist., PO Box 81, Dent, MN 56528 Devils Lake Imp. Dist., PO Box 431 Perham, MN 56573 nald. Kerbs & Paul; LMKP Lakes Imp. Dist., PO Box 133, Perham, MN 56573 Pine Lakes Imp. Dist., PO Box 405, Perham, MN 56573 ss & Lt Pelican: Pelican Lake Group Lake Imp. Dist., PO Box 336, Pelican Rapids, MN 56572 South Turtle Lake Imp. Dist., PO Box 168, Underwood, MN 56586 I-111 Big McDonald: Devils (Nea^erham); Little LittlePelica^Fi^ South Turtle Lake: Otter Tail County COLA, 4302 13"’ Ave S Ste. 4-333, Fargo, ND 58103 Chuck Grotto, OTC Hwy Engineer, 505 S Court St Suite #1, Fergus Falls, MN 56537 ^ulie Aadland, DNR Eco & Water Resources, 1509 1=* Ave N, Fergus Falls, MN 56537 Board of Adjustment Members: Thomas (Tom) Lee, 15600 County Hwy 118, Elizabeth MN 56533-9559 Darren M Newville, 614 St NE, Perham, MN 56573 Douglas Larson, 2118 Woodland Ln., Fergus Falls MN 56537 Planning Commission Member: Rick Wilson - 609 W Lakeside Dr., Fergus Falls MN 56537 By placing a tme and correct copy thereof in a sealed envelope, postage prepaid and depositing the same in the United States Mail at Fergus Falls, MN, properly addressed to each of the individuals listed above and/or listed in the attachment.Number of Notices & Envelopes to Print \FileDated: December 24, 2019 aExtra BOA Members PC Member Envelopes _______ TOTAL NOTICES TO PRINT ^ rvyAdded to Agenda ^3l\/lap I vjPrint out Findings of Fact Sl^et Newspapers ^ XtJlMS Amy Busko, Secretary Otter Tail County Board of Adjustment 1klMjMkl Amy Busko MinutesBy: l:\BOA\2020 AffidavitstHanson 01-09-20.docx ■ •••.'[Mier Barcels ^ Addr 2 Citv St ZiD Fargo ND 58106 7160 Addr 1Parcel No Name 2Name 1 PO Box 716046000010001000 Rd Offutt Co 21 Ottertail MN 56571 950046000990956000 Dean & Sherri Hylland 45565 Lamplight Dr l"i46b&9909590ciMl?|p^m%Gheer2^fe2g'‘2:SV^i Ir- ... 46000990960000 Dean & Patricia Rix ■vf 45415 Lamplight Dr - ^ertaiillVIN 56571 95* : ' ,r Ottertail MN 56571 9500 . /*ttert^ MN5657i9*b2 ", vfeiiSiiliife:.:,> v . -:E2y:453*:iamplight Dr,,itil'■ ■■: -. -. -a Ottertail MN 56571015546000990962000 John L & Caroline Ann Nelson PO Box 155 '■ (3ttdrtaiii:MKL*5*'**u.-avs^ West Fargo ND 58078 262446000990964000 Larry E & Linda J Childs 244 11th Ave W HIx2w*e,na'M N :S6^2' 2041/ ; 2?filiiSssE‘.t ;"f"rX.:?.-.I-'cl ;'"'5 Bismarck ND 58503 097046000990966000 Michael C & Jolayne K Waller 2530 Sharps PI Lakeview OR 97630 0106PO Box 11046000991042000 Gary F & Raveill P Deniz 46000991148000 2 a. -H^t*tail;MN;$|57ii5*i;^,^'iSiiSSSSSH^S:;■ l£22u1 Fergus Falls MN 56537 2672Lon K & Susan C Hanson 1st 727 Melody Ln ■'! Fergus Falls MN 56537 2672727 Melody Ln46000991150000 Lon K & Susan C Hanson Tst Paee 1 of 1Friday. December 20. 2019 Buffer Mail • •'f- *v -iL City, State, Zip West Fargo ND 58078 2624 Address 2Address 1Name Larry E & Linda J Childs 244 11th Ave W Lakeview OR 97630 0106 • Gary F & Raveill P Deniz PO Box 110 7TT1T~r Ottertail MN 56571950045371 Lamplight DrStephanie J Jeziorski i.-4. ;^'^;ii:4Q;^t.4^rgus;Fal!s 565^^.2671®' Ottertail MN 565719500 Hi- Robert Morgan 45399 Lamplight Dr QttertisiLMN 565710155-^4 Wadena MN 56482 2041Pate Family Rev Living Tst Rd Offutt Co 904 King Ave SW 1 Fargo ND 58106 7160PO Box 7160 . '-‘v->-.i t»:a;iaas»»iB!!t.;z=:sa*Cati(::£ja:£&Bi 45431 Lamplight Dr -'•'V ,j y4;.:'._t>^; Ott';ertaiLMN|565:71-95;Q0 Ottertail MN 565719500 :0 Ji Pam Scheer Page 1 of 1Friday, December 20, 2019